§ 27-10-2 — Liability of Persons Violating Section 27-10-1; Liability of Independent Adjusters

Alabama § 27-10-2

• Jurisdiction: Alabama
• Title 27: Insurance
• Ch. 10: Unauthorized Insurers and Surplus Lines
• Art. 1: General Provisions

Text

(a) Any person who willfully represents or aids an unauthorized insurer in violation of Section 27-10-1, in addition to any other applicable penalty, shall be liable for the full amount of any loss sustained by the insured under any such contract and for any premium taxes which may be payable under Section 27-10-35 by reason of the contract.
(b) Any independent adjuster who, directly or indirectly, investigates any loss arising under an insurance or annuity contract issued by an unauthorized insurer and covering a subject of insurance located or performed in this state shall be liable for the full amount of any loss suffered by the insured under the contract. The commissioner, after a hearing, may revoke the license of the independent adjuster. This subsection does not apply as to surplus lines contracts lawfully written under this chapter or exempted under Section 27-10-34, to insurance contracts procured by the insured on his or her own behalf and on which the tax is paid as required by Section 27-10-35, or to transactions as to which the insurer is not required to have a certificate of authority.

Legislative History

(Acts 1963, No. 521, p. 1112, §5; Acts 1971, No. 407, p. 707, §192; Act 2024-71, §1.)